0001|                           SENATE BILL 1227
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          FERNANDO R. MACIAS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PROCUREMENT OF PERSONAL SERVICES FOR COUNTY PUBLIC
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0012|     WORKS; AMENDING AND ENACTING SECTIONS OF THE PROCUREMENT CODE.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  A new section of the Procurement Code, Section
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0016|     13-1-117.3 NMSA 1978, is enacted to read:
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0017|          "13-1-117.3.  [<u>NEW MATERIAL</u>]  COUNTIES--REQUESTS FOR
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0018|     PROPOSALS--PUBLIC WORKS PROJECTS.--A county with regard to
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0019|     public works projects may in the interest of economy and
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0020|     efficiency consolidate and categorize one or more like projects
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0021|     for public works in the fiscal year under a single-fiscal-year
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0022|     program designation regardless of the individual funding
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0023|     sources for each of the programs contained in the designation. 
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0024|     For any single-fiscal-year program designation, the county may
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0025|     issue one request for proposals for each of the professional
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0001|     services sought."
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0002|          Section 2.  Section 13-1-120 NMSA 1978 (being Laws 1984,
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0003|     Chapter 65, Section 93, as amended) is amended to read:
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0004|          "13-1-120.  COMPETITIVE SEALED QUALIFICATIONS-BASED
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0005|     PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--
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0006|     SURVEYORS--SELECTION PROCESS.--
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0007|               A.  For each proposed state public works project
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0008|     <s>[or]</s> local public works project <u>or single-fiscal-year
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<u></u>0009| <u>    program designation of a county</u>, the architect, engineer,
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0010|     landscape architect and surveyor selection committee, state
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0011|     highway and transportation department selection committee or
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0012|     local selection committee, as appropriate, shall evaluate
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0013|     statements of qualifications and performance data submitted by
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0014|     at least three businesses in regard to the particular project
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0015|     and may conduct interviews with and may require public
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0016|     presentation by all businesses applying for selection regarding
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0017|     their qualifications, their approach to the project and their
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0018|     ability to furnish the required services.
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0019|               B.  The selection committee shall select, ranked in
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0020|     the order of their qualifications, no less than three
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0021|     businesses deemed to be the most highly qualified to perform
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0022|     the required services, after considering the following criteria
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0023|     together with any criteria, except price, established by the
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0024|     using agency authorizing the project:
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0025|                    (1)  specialized design and technical
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0001|     competence of the business, including a joint venture or
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0002|     association, regarding the type of services required;
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0003|                    (2)  capacity and capability of the business to
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0004|     perform the work, including any specialized services, within
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0005|     the time limitations;
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0006|                    (3)  past record of performance on contracts
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0007|     with government agencies or private industry with respect to
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0008|     such factors as control of costs, quality of work and ability
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0009|     to meet schedules;
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0010|                    (4)  proximity to or familiarity with the area
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0011|     in which the project is located;
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0012|                    (5)  the amount of design work that will be
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0013|     produced by a New Mexico business within this state; and
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0014|                    (6)  the volume of work previously done for the
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0015|     entity requesting proposals which is not seventy-five percent
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0016|     complete with respect to basic professional design services,
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0017|     with the objective of effecting an equitable distribution of
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0018|     contracts among qualified businesses and of assuring that the
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0019|     interest of the public in having available a substantial number
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0020|     of qualified businesses is protected; provided, however, that
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0021|     the principle of selection of the most highly qualified
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0022|     businesses is not violated.
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0023|               C.  Notwithstanding the requirements of Subsections
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0024|     A and B of this section, if fewer than three businesses have
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0025|     submitted a statement of qualifications for a particular
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0001|     project, the committee may:
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0002|                    (1)  rank in order of qualifications and submit
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0003|     to the secretary or local public body for award those
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0004|     businesses which have submitted a statement of qualifications;
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0005|     or
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0006|                    (2)  recommend termination of the selection
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0007|     process and sending out of new notices of the proposed
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0008|     procurement pursuant to Section 13-1-104 NMSA 1978.
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0009|               D.  The names of all businesses submitting proposals
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0010|     and the names of all businesses, if any, selected for interview
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0011|     shall be public information.  After an award has been made,
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0012|     final ranking and evaluation scores for all proposals shall
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0013|     become public information.  Businesses which have not been
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0014|     selected shall be so notified in writing within twenty-one days
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0015|     after an award is made."
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0016|                              
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